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LEGAL INSIGHTS / Estate Planning

legal tip of the day

Legal tip of the day: It seems that all of my legal tips spark political discussion. I believe this is a good thing. Having an open public forum helps the free flow of ideas even if we disagree with each other. Anyway, here’s the legal tip: If someone threatens to assault you, never say “I dare you” or “you won’t do it” This type of language has been construed in courts as expressing consent, which means that in a civil suit for damages you might not be able to recover on your injuries because you’ve “consented” to the harm. It’s a weird one but it’s been presented as a successful defense. Yesterday I saw a bumper sticker that said “hit me, I dare you.” Though there is no caselaw on this point exactly, I was reminded of how courts treat consenting language. I don’t know if a bumper sticker like that would be construed as “consent,” but it’s probably not wise to test it. SO don’t have those bumper stickers either.

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